Memorandum

City of Lawrence

Planning and Development Services

 

TO:

Thomas M. Markus, City Manager

FROM:

Mary Miller, Planner II

DATE:

April 5, 2016

RE:

Appeal of administrative approval of SP-16-00021: A site plan for a change of use from Office and Residential to Personal Convenience Services (beauty salon and convenience store) at 4101 W 6th Street. Submitted by Berniece Garber for Douglas P. Garber and A. Berniece Garber, property owners of record.

 

Background

A site plan application for the addition of Personal Convenience Services use (beauty salon and convenience store) to 4101 W 6th Street was submitted to the Planning Office on January 15, 2016. The site plan application was found to be in compliance with Section 20-1305 of the Land Development Code and was administratively approved on March 4, 2016.

 

During the review process, property owners within the required 200 ft notification area contacted the Planning Office with concerns about the project and asked to be informed when the site plan was approved or denied.  The nearby property owners were primarily concerned with the impact the proposed convenience store could have on the area, particularly if it had late operating hours.  Notice of the administrative approval was provided to the nearby property owners who asked to be notified and Mary Mozingo, 609 Chouteau Ct., submitted an appeal of the determination per the procedures of the Land Development Code. A copy of the appeal is attached.

 

Per the process established by the Land Development Code, the City Commission shall consider a site plan brought to them upon appeal of the administrative approval as a new matter and shall invite public comment. For this reason the site plan is scheduled on the City Commission’s agenda as a regular item.  

 

The Development Code notes that the City Commission shall consider and act on the application per the criteria listed in Section 20-1305 (j) and may take any of the following actions:

 

1.    Approve the site plan application;

2.    Identify those modifications that would allow approval of the site plan application;

3.    Approve the site plan application with conditions; or

4.    Disapprove the site plan application.

Discussion

The change of use is proposed in the northern building on the lot at 4101 W 6th Street.  The building contains approximately 2,252 sq ft and is proposed to house a 1,782 sq ft beauty salon/spa and a 570 sq ft convenience store.   The property is located within the RSO (Single-Dwelling Residential-Office District).

 

On December 1, 2015 the City Commission approved Text Amendment, TA-15-00391 to amend the RSO District to allow Personal Convenience Services uses with standards.  The standards permit a gross floor area up to but not more than 3,000 sq ft and prohibit automated teller machines, drive-through windows, or night drop windows.  These standards are intended to insure compatibility with nearby single-dwelling residential uses.

 

The neighbor’s concern centers on the late night activity that could be associated with the convenience store if it has very late, or around the clock, operating hours.

 

In staff’s opinion, the proposed convenience store would be compatible with the surrounding residential land uses due to the small scale of the use, 570 sq ft, and the separation from the residences.  Figure 1 shows the layout of the site. The building marked with the red X would house the beauty salon and the convenience store. The applicant indicated that the entrances on the north and south of the building would serve the beauty salon and the door to the west (bottom of the picture) would serve the convenience store.  The property is separated from the residential uses by a 6 ft tall screening fence, with the exception of a portion in the southwest corner (area marked with a white arrow in Figure 1). When the property was originally site planned, this area was required to be left unfenced to accommodate a drainage easement. The neighbors to the south requested that the fencing be completed to the property line and the City Stormwater Engineer agreed that the fencing could be extended, provided the bottom of the fence remained level with the rest of the fence so as to not interfere with drainage.  The extension of the fence is included as part of this site plan.

 

 Beauty Salon Entrance (north side of building)

 Beauty Salon Entrance (south side of building)

 Convenience Store Entrance (west side of building)
 
Figure 1. 4101 W 6th property, perimeter fence and layout. Entrances for proposed uses marked with arrows:

 

Exterior lighting is typically a concern when commercial uses are in close proximity to residential uses.  Low impact lighting is being proposed with this project. The site plan shows that two wall-mounted lights will be added to the east side of the building. The lighting level is less than the lumen equivalence of 150 watt incandescent lights; therefore, full cut-off fixtures are not required by Code. 

 

Per Section 20-1101 of the Development Code, conditions that exceed the minimum requirements of the Development Code may be applied to a site plan or other approval of any nonresidential use located within 500 feet of any residential district if the conditions, in the opinion of the reviewing body, are necessary to reduce or minimize any potentially adverse impacts on residential property.  This section of the Code lists a partial list of various conditions that could be applied. While a limitation of hours of operation is not included in this list, it could be applied by the City Commission if, in their opinion, it would minimize negative impacts on the nearby residential uses.

 

Action

If appropriate, approve a Site Plan for a change of use at 4101 W 6th Street to allow Personal Convenience Services uses (beauty salon and convenience store).