SITE PLAN REVIEW
SP-09-59-04: Rick’s Place, a site plan for the additional of an outdoor smoking area along the front of 846 F Illinois Street. Submitted by Smalter and Associates for, Rick Younger, tenant leasee, Steve Neher, property owner of record.
B. GENERAL INFORMATION
Current Zoning and Land Use: C-5 (Limited Commercial) District; existing commercial center.
Surrounding Zoning and Land Use: C-5 (Limited Commercial) District to the east and south, existing commercial development.
RS-2 (Single-Family Residence) District to the north and west, existing residential uses.
RM-3 (Multiple-Family Residence) District to the southwest, existing multi-family residential
Previously approved site plan: SP-02-11-04: Rick’s Place, a site plan for the remodel of a commercial space for a bar.
Site Summary:
Gross Area: 14,384 SF
Existing Building: 6,372 GSF
Open Space: 3,803
Parking group and ratio: 11 and 12 dependent on tenant mix [1 space to 100 SF and 1 space to 200 SF]
Off-Street Parking Required: 32
Off-Street Parking Provided: 41 (parking lot was re-striped to include compact spaces)
Proposed Change: Addition of a 220 SF area for smoking along the front exterior of the building.
Note: The proposed change is exterior only for a smoking area. There are no interior building modifications associated with this request.
Staff Recommendation: Planning Staff recommends approval of the site plan subject to the following conditions: 1. Execution of a site plan performance agreement per Section 20-1433. 2. Provision of a revised site plan to show the existing bumper blocks located in the parking stalls along the building. 3. Provision of a revised site plan to include the following notes: a. Live or recorded music shall not be played to create a nuisance for the neighborhood; b. The applicant shall be responsible for policing the area to keep it clean from litter and trash generated by this exterior use; c. The applicant shall be responsible for insuring the containment of alcoholic beverages on the premises. The applicant has stated that alcohol will not be permitted in the outdoor smoking area; d. The applicant agrees to remove the fencing and outdoor patio area if there are legitimate complaints from neighbors pertaining to trash, litter or noise problems; complaints to be reviewed by the City Commission; e. Any outside lighting to be shielded so as not to glare offsite; and f. No increase to the existing maximum occupancy level will result from the fenced outdoor smoking area. |
C. STAFF REVIEW
The subject property is located on the northeast corner of Illinois Street and 9th Street. A site plan was approved earlier this year for the relocation of a downtown business to this location that included interior remodeling (SP-02-11-04). The property is a developed neighborhood commercial center. The current improvements were constructed prior to 1967. In September of 1967 a site plan was approved for a northern addition to the building (SP-6-9-67). The proposed request is for the addition of an area along the front sidewalk of the building for outdoor smoking. This area will be defined by an enclosed railing and two 11’ benches along the wall either side of the doorway. The proposed change is a minor modification to the site. The smoking area will occupy a 5’ width along the sidewalk and will leave open a remaining 4’ 9” area for regular pedestrian circulation. The existing parking lot includes bumper blocks in the parking stalls that prohibit overhang into the remaining sidewalk area. The site plan should be revised to show this detail.
The City’s Zoning Ordinance requires approval of a revised site plan prior to issuance of a building permit. Section 20-1428 of the Zoning Ordinance defines a Significant Alteration to Existing Development, as:
“a development on improved real estate that is altered or changed in such a manner that one or more of the following is applicable:
(a) The development results in the construction of a building, structure, or addition that increases the gross square footage of the existing development by more than ten percent (10%); provided, that separate incremental developments below the 10% amount shall not be used to avoid the requirements of Sections 20-1428:1435 if in the aggregate the developments over a period of 18 months would meet those requirements; or,
(b) The estimated construction costs of the development exceeds ten percent (10%) of the most recent appraised fair market value of the existing property as determined by the County Appraiser, provided, that separate incremental developments below the 10% amount shall not be used to avoid the requirements of Sections 20-1428:1435 if in the aggregate the development over a period of 18 months would meet those requirements; or,
(c) The construction or paving of any parking lot or facility which covers ground previously not used as a parking lot or facility, or the construction or paving of any parking lot or facility which does not conform to City pavement standards pursuant to 20-1217; or,
(d) The alteration or intensification of any use which increases off-street parking requirements pursuant to Article 12 of this Chapter.”
The total center was developed at a time where the specific off-street parking requirements were not documented. The proposed addition of an outdoor smoking area does not meet the definition of a significant alteration.
The previous site plan addressed parking as follows: “The site plan approved in 1967 provided 39 parking spaces for the uses on the property. The existing uses, together with the proposed licensed premise, will require a total of 32 parking spaces.” According to the applicant the property owner is working on addressing the parking lot area to include repairs (new sealing/overlay) and striping. Staff is following up with the property owner to address the parking lot striping and assure that the accessible parking stalls are provided in front of the door and ramped area.
The northern portion of this property also falls within the 500’ environs of Old West Lawrence Historic District. City staff reviewed this site with regard to the change in use earlier this year per DR-02-12-04. The proposed addition of an exterior modification required a new review, DR-09-76-04. This change has been reviewed and approved by the Historic Resources Administrator.
The City Commission recently approved a waiver to allow the proposed Licensed Premise within 400 feet of a church or school.
The subject property is zoned C-5 (Limited Commercial) District which permits a variety of uses including bars, restaurants, liquor stores and other similar uses found in Use Group 12. The site is located in a developed neighborhood commercial center including an off-street parking lot for the commercial tenants.
Staff noted in a letter to the applicant dated October 27, 2003 several physical elements of the site that do not comply with current minimum standards. Any future change to the site that results in a determination of significant alteration will require the upgrade of the site to comply with minimum standards.
Staff recommends basic conditions be addressed to assure that outdoor smoking area does not become a nuisance within the neighborhood. The area is intended as a smoking area for customers and not an area for beverage consumption or related activity.
Access and Parking Lot Design
The applicant does not propose any changes to the existing building exterior other than the addition of the railing and bench seating along the building. Parking lot changes are also not proposed. The approved site plan indicated that re-striping of the parking lot would be provided to establish compact stalls. To date re-striping has not been completed. Staff is following up with the property owner of record regarding the re-striping of this site as a site compliance issue.
Summary and Conclusion
Section 20-1429 of the Zoning Code requires the submission of a site plan for minor alterations. Section 1434 allows for administrative approval of revisions to approved site plans by the Director of Planning. Given the fact that a waiver was required by the City Commission to allow the proposed Licensed Premise within less than 400’ of an existing church, this proposed site plan revision has been forwarded to the City Commission for their consideration. The proposed site plan complies with the minimum submission requirements and provides adequate off-street parking for the proposed uses. The Historic Resource Administrators review is complete and approved subject to site plan approval.