NON-CONFORMING USE SITE PLAN REVIEW

August 31, 2004

 

A.                 SUMMARY

 

N-08-03-04: Harbour Lights, a site plan for an expansion of a non-conforming use for a new rear outdoor seating area located at 1031 Massachusetts Street. Submitted by J. Stephen Lane Architects for David Heinz, business owner.  Emick Holdings, LC is the property owner of record.

 

B.        GENERAL INFORMATION

 

Current Zoning and Land Use:

C-3 (Central Commercial District); existing licensed premise.

Surrounding Zoning and Land Use:

C-3 (Central Commercial District) to the north, south, east and west; developed with commercial, office, parking lot and restaurant uses.

 

Site Summary:

Gross Area:

2,925 s.f.

Existing Building Footprint:

2,093 s.f.

Proposed Rear Patio Area:  

580 s.f.

Remaining Paved Area:

252 s.f.

Interior Public Area:

1,400 s.f.

Off-Street Parking Required

Not required in C-3 District

Off-Street Parking Provided:

Not required in C-3 District

 

 

Staff Recommendation: Planning staff recommends:

1. The Lawrence City Commission grants the authority to continue the existing 55 percent food sales, non-conforming use status at Harbour Lights, 1031 Massachusetts Street.      

2. The Lawrence City Commission grant the authority to allow the construction of the rear outdoor seating area devoted to a non­-conforming use as necessary and incidental to the existing use of said building and the conditions set forth in section 20-1303 (Expansion of Non­-Conforming Uses) are met; and

3. Approval of the site plan for the expansion of a non-conforming use subject to the following condition:

a. Execution of a site plan performance agreement per Section 20-1433.

 

 

 

C.        STAFF REVIEW

 

The applicant has requested construction of a 756 s.f. outdoor seating area at the rear of the subject property located at 1031 Massachusetts Street (Harbour Lights bar). Harbour Lights does not meet the City’s 55 percent food sales requirement and is therefore

classified as a non-conforming use. According to Section 20-1303, expansions of non-conforming uses must be approved by the City Commission.

 

Non-Conforming Use

In 1994, the City Commission approved Ordinance No. 6527 requiring licensed premises, “to derive from the sales of food consumption on the licensed premises not less than fifty-five percent (55%) of all the licensed premises’ gross receipts for a calendar year from sales of food and beverages on such premises.” (20-1453) Because Harbour Lights is a licensed premise with a valid liquor license (first issued in 1988) but does not meet the 55 percent food sales requirement, it is considered to be non-conforming and is subject to the non-conforming use provision of the Zoning Code (20-1302-1303).

 

The following Code Section provides limitations to non-conforming uses:  

 

20­-1302.          LIMITATIONS ON NON­-CONFORMING USES.

(a)  No non­-conforming building, structure, or use of land shall be changed, extended, enlarged, or structurally altered unless:

            (1)        Such change is required by law or order; or,

(2)        The use thereof is changed to a use permitted in the district in which such building or land is located; or,

(3)        Authority is granted by the City Commission to change the use or occupancy, provided the commission finds the use is within the same or more restricted classification as the original non­-conforming use and such change of use or occupancy will not tend to prolong and continue the non­-conforming use; or,

(4)        Authority is granted by the City Commission to enlarge or complete a building devoted to a non­-conforming use where such extension is necessary and incidental to the existing use of such building and the conditions set forth in section 20-1303 (Expansion of Non­-Conforming Uses) are met; or,

(5)        Authority has been granted by the City Commission to extend a non­-conforming use throughout those parts of a building which were manifestly designed or arranged for such use prior to the date when such use or building became non­-conforming, if no structural alterations, except those required by law, are made therein.  (Code 1979, 20-1002; Ord. 5034)

 

Finding: Section 20-1302 identifies the limitations on non-conforming uses and requires that no change or extension of the non-conforming use shall occur unless one of the five criteria is met.  Subsection (a)(4) allows the City Commission to grant the authority to enlarge a building devoted to a non-conforming use, “where such extension is necessary and incidental to the existing use,” and if the conditions in Section 20-1303 are met.  Construction of an outdoor seating area will provide an open-air seating alternative for Harbour Light’s customers; in particular, customers who are no longer allowed to smoke within the bar’s interior.

 

The Fire/Medical Department has indicated that the existing building occupancy load (100 persons) will not change (or increase) with this improvement. While the outdoor seating area provides an alternate location for patrons at the bar, it does not change the allowable occupant load within the actual building and bar. The outdoor seating area remains incidental to the existing non-conforming use of the building.

 

The following Code Section provides regulations on expanding non-conforming uses:

 

20­-1303.          EXPANSION OF NON­-CONFORMING USES.

Non­-conforming uses of buildings and structures or non­-conforming buildings, structures and their uses may be expanded according to the provisions of section 20-1302 (Limitations on Non­-Conforming Uses) and under the terms of this section as follows:

 (b)       Non­-conforming uses in non­-residential areas when the use:

(1)        Does not exceed 100 percent of the floor area of the original use;

(2)        Does not intrude into a residential zoning district;

(3)        Is such that the expansion does not exceed the setbacks or height limitations of the district; and,

(4)        Provides for off­-street parking and loading as required in sections 20-1211 and 20-1212.  (Ord. 5034)

 

Finding: The proposed outdoor seating area does not increase the maximum occupancy permitted in this business nor does it exceed 100 percent of the floor area of the original use. The expanded use does not intrude into a residential zoning district, nor does it exceed the setbacks or height limitations of the district.  No additional parking is required because the C-3 zoning district does not require off-street parking.

 

Historic Resources Commission Review

The subject property required Certified Local Government Review because it is located in

the Downtown Historic District, National Register of Historic Places and is within the environs of the Watkins National Bank Building (1047 Massachusetts), National Register of Historic Places. 

 

The applicant submitted an application (DR-07-54-04) to the Historic Resources Commission for the proposed rear outdoor seating area. At its meeting on August 19, 2004 the HRC affirmed the administrative approval of the patio addition as the proposed project is in accordance with the Secretary of the Interior’s Standards, the standard of evaluation, and the Downtown Design Guidelines. The proposed project therefore does not encroach upon, damage or destroy any listed historic property or its environs.   Plans were reviewed and released to Neighborhood Resources on August 24, 2004.

 

Downtown Conservation Overlay District

The subject property (1031 Massachusetts Street) is also located in the Downtown Urban Conservation Overlay District. The proposed site plan and exterior modifications meet the intent of the Downtown Design Guidelines.

 

D.        Findings

 

Per Section 20-1432 staff shall first find that the following conditions have been met:

 

(a)      That the proposed use is a permitted use in the district in which the property is located;

 

The subject property is located in the C-3 (Central Commercial) District. This district is designed to be the Central Business District or the downtown shopping and employment center for the community and surrounding trade area. The district is intended to provide space for retailing of all kinds, professional offices, financial institutions, amusement facilities, transient residential facilities, and limited wholesaling and warehousing.  The licensed premise use is an existing non-conforming use created in 1994 through the adoption of Ordinance No. 6527.

 

(b)      That the proposed arrangement of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;

 

The subject property is an existing licensed premise use.  This site plan does not propose any modification other than exterior alterations to create the outdoor seating area and fence.   

 

(c)      That the vehicular ingress and egress to and from the site and circulation within the site provides for safe, efficient and convenient movement of traffic not only within the site but on adjacent roadways as well;

 

There is no off-site parking associated with this property.  The site is designed as a pedestrian accessible business.

 

(d)      That the site plan provides for the safe movement of pedestrians within the site;

 

Public sidewalks accommodate safe pedestrian movement between the public street and the commercial business.

 

(e)      That there is a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including public right-of-way) of site so that the proposed development will be in harmony with adjacent land uses and will provide a pleasing appearance to the public.  Any part of the site plan area not used for buildings, structures, parking, or accessways shall be landscaped with a mixture of grass, trees and shrubs;

 

This condition does not apply to the submitted site plan, which is for the addition of an outdoor seating area. There is no landscape requirement associated with this site plan for the C-3 District.  Landscaping exists in the public right-of-way as part of the public sidewalk area.

 

(f)       That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;

 

No changes are proposed for the existing trash service, provided off of the adjacent alley.

 

(g)      That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.

 

No modifications or grading is required for the proposed improvement.

 

 

E.         CONCLUSION

 

This request is for an expansion of a non-conforming use for a new rear outdoor seating area located at 1031 Massachusetts Street (Harbour Lights). As stated, the addition of the outdoor seating area does not increase the maximum occupancy permitted on site.  The net square footage of the addition meets the criteria established in Section 20-1303.

 

In staff’s opinion, the site plan for the expansion of a non-conforming use is in conformance with the requirements of the Zoning Ordinance, Chapter 22 of the Code of the City of Lawrence and the Downtown Design Guidelines. Staff recommends approval of the proposed site plan for an expansion of a non-conforming use.

 

 

 

Departmental Review Comments

8/23/04

 

 

Sanitation: No Comment.

 

Traffic Engineering: No Comment.

 

Neighborhood Resources: No Comment.

 

Fire: No Comment.

 

Public Works: Dimensions at front of building should reflect sidewalk width in relation to planters/railing, etc. (Not required for non-conforming use review). 

 

Police: No Comment.

 

Parks/Forestry: No Comment.

 

Westar: No Comment.

 

Utilities: No Comment.

 

Stormwater Engineering: A drainage study will not be required for this project because the property is less than ½ acre. The site plan dated 7/28/04 meets the specified requirements.

 

Planning: No Comment.