SITE PLAN REVIEW
SP-09-58-04: A revised site plan for Alek’s Auto Sales located at 601 N. 2nd Street. Submitted by Landplan Engineering, P.A., for Alexander Plotnikov, property owner of record.
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Current Zoning and Land Use: |
C-4 (General Commercial) District; partially developed with auto sales and service building.
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Surrounding Zoning and Land Use: |
M-2 (General Industrial) District to the south; right-of-way/undeveloped. To the north; developed with commercial uses.
M-3 (Intensive Industrial) District to the west; railroad right-of-way.
C-4 (General Commercial) District to the east across N. 2nd St.; developed with commercial uses. |
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Site Summary: |
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Legal Description: |
All of lots 58, 59, 60, 124, 123 and lot 122, all of which is part of the North Lawrence Addition No. 2 |
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Total Site Area: |
29,552 sq. ft./.678 acre |
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Existing Building: |
5,000 sq. ft./.115 acre |
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Existing Pavement: |
15,271 sq. ft. |
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Proposed Pavement: |
17,194 sq. ft. |
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Existing Pervious: |
29,552 sq. ft. |
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Proposed Pervious: |
7,358 sq. ft. |
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Number of Buildings: |
1 |
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Parking Required (1 space/400 sq. ft.) |
9 |
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Parking Provided |
9 |
STAFF RECOMMENDATION
Planning Staff recommends approval of the revised site plan with the following conditions:
1. Execution of a revised site plan performance agreement per Section 20-1433;
2. Applicant secures a “Highway Permit” from the Kansas Department of Transportation, Bureau of Construction and Maintenance with a copy provided to the Planning Office prior to release of site plan to Neighborhood Resources for issuance of a building permit; and
3. Filing of all easements with the Register of Deeds prior to issuance of a building permit.
C. 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 within a C-4 (General Commercial) District. “The C-4 General Commercial district is designed to accommodate miscellaneous retail and wholesale commercial enterprises serving the consumer public, business, industry and agriculture. This district will provide for commercial uses that do not need to be in neighborhood shopping centers or limited commercial districts, or which are undesirable in such areas.”
(b) That the proposed arrangements of buildings, off-street parking, access, lighting, landscaping and drainage is compatible with adjacent land uses;
While the existing arrangement of buildings, off-street parking, access, lighting, landscaping and drainage are compatible with adjacent land uses, the location of the subject property’s existing access driveway was not constructed as approved by the City Commission (SP-5-33-02). The revised site plan returns the site’s access driveway to the City Commission-approved location.
(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;
At its regular meeting of November 26, 2002, the City Commission approved a shared access
driveway between the subject lot and the lot immediately to the north. As approved, the 25’ wide
access drive was to be located along the northern property line of the subject property. Instead,
the property owner constructed the driveway approximately 18’ to the south of its approved
location with access limited to the subject property. The revised site plan returns the site’s access
driveway to the City Commission-approved location.
(d) That the site plan provides for the safe movements of pedestrians within the site;
The revised site plan provides for the safe movement of pedestrians within the site.
(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;
The revised site plan provides for a sufficient mixture of grass, trees, and shrubs within the interior and perimeter (including right-of-way) of the site.
(f) That all outdoor trash storage areas are screened and are in accordance with standards as prepared by the department of public works;
All outdoor trash storage areas will be screened in accordance with City standards.
(g) That the site plan takes into consideration existing improvements or physical alterations that have been made to prepare the site for development.
The revised site plan takes into consideration existing improvements or physical alterations that have been made to the site since the City Commission approved the original site plan in November 2002.
D. STAFF REVIEW
At its regular meeting of November 26, 2002, the City Commission approved the site plan (SP-5-
33-02) for the used car sales operation pending a number of conditions. The site plan identified a
shared access driveway between the subject lot and the lot immediately to the north. Since that
approval the property owner, Alexander Plotnikov has constructed the access driveway
approximately 18’ further south on the site, which only provides access to the subject lot.
On December 17, 2003, Mr. Plotnikov met with City staff to discuss the amended site plan. At that
meeting, Mr. Plotnikov agreed to seek approval of the revised site plan showing the location of
the relocated curb cut/driveway as constructed and seek approval of the site plan. This approval
was conditioned upon Mr. Plotnikov’s agreement that if the property to the north were to
redevelop, the City would require him to move the driveway back to its City Commission-approved
location between the subject lot and the lot to the north. Additionally, KDOT has approved this
temporary location with the access easement.
Anticipating future development of the lot to the north and recognizing the temporary nature of the constructed driveway the City required the property owner to file a 25’ wide public access easement with the revised site plan to provide future access from the subject lot through to the adjacent lot. Additionally, in early 2004, the property owner requested a variance from the Lawrence Board of Zoning Appeals (BZA) to reduce the subject property’s required 15’ greenspace buffer along the southern property line to a 5’ buffer. The BZA voted 5-1-1 to approve the variance to reduce the 15’ greenspace buffer along the southern property line to 5’ subject to the following conditions:
1. In the event that the City proposes any public use of the Lincoln Street right-of-way, the variance shall become null and void and the property owner shall have no recourse but to vacate the full 15’ greenspace buffer at his own expense; and
2. Approval of a revised Site Plan.
Last City Commission Action
On Tuesday, August 24, 2004 the Lawrence City Commission voted unanimously to reject the revised site plan (SP-3-18-04) for Alek’s Auto Sales located at 601 N. 2nd Street. The
Commission also required the applicant and property owner to comply with the conditions of approval of the 2002, City Commission-approved site plan (SP-5-33-02) for this property.
Because the revised site plan was not approved by the City Commission in August 2004, the applicant was required to submit a second revised site plan to the City Commission and obtain approval or the requested variance from the BZA would not be valid. The resubmitted site plan is, for all intents and purposes, the same site plan as approved by the City Commission in 2002 but includes references to the BZA variance along the south property line.
Additionally, the revised site plan provides a section of an existing retaining wall along the north property line. The section proposes improvements to the retaining wall to alleviate flooding to the adjacent property to the north. Reviewed by the City’s Stormwater Engineer, improvements to the wall and to the overall site will reduce flooding from the subject property to the adjacent property.