SITE PLAN REVIEW
N-04-03-05/SP-02-19-05: Free State Brewing Company, a site plan for an expansion of a non-conforming use for a sidewalk dining area located at 636 Massachusetts Street. Submitted by Hernly Associates for the property owners of record.
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Current Zoning and Land Use: |
C-3 (Central Commercial District); existing restaurant |
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Surrounding Zoning and Land Use: |
C-3 (Central Commercial District) to the north, south, east and west; developed with commercial, office, parking lots and restaurant uses. |
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Site Summary: | |
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Gross Area: |
7020 Sq. Ft. |
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Existing Building Coverage: |
4429 Sq. Ft. |
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Proposed Sidewalk Dining Area |
103 Sq. Ft. |
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Off-Street Parking Required |
Not required in C-3 District |
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Off-Street Parking Provided: |
Not required in C-3 District |
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Staff Recommendation: Planning staff recommends (A) the City Commission grant the authority to enlarge the building devoted to a non-conforming use as the extension is 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 (B) approval of the site plan for the expansion of the non-conforming use subject to the following conditions: 1. Compliance with the Historic Resources Commission conditions of approval: (a)The proposed railing not be attached to the building; (b)The height of the railing shall not exceed thirty-six inches (36") and shall be constructed of wrought iron; (c)The railing shall maintain a linear form with no curve; (e) The applicant provide a drawing detailing the proposed railing to the Historic Resources Administrator; (f) The sidewalk dining area on Massachusetts Street shall be unenclosed and shall be open to the sky; (g)Advertising shall not be permitted in the sidewalk dining area except for the name of the establishment on chairs or tables as approved by the City; (h)This recommendation is given with the understanding that the City Commission must approve the associated site plan and sidewalk dining license. Approval of this request by staff or the HRC does not guarantee the City Commission will approve the associated site plan or sidewalk dining license. 2. Execution of a site plan performance agreement per Section 20-1433. 3. Provision of a revised site plan to include the following changes: (a)Per City Code, surface cleaning water cannot be discharged to the storm sewer. The practice of hosing off the porch and sidewalk into the street is prohibited. Add a note to this site plan specifying that cleaning of the porch and sidewalk will comply with City Code 9-902. (b) Agreement not to protest benefit district for street lights along Massachusetts Street. (c) Remove bike parking from tree planters. (d)Identify gross and net square footage including balcony seating areas. (e) Add general note for compliance with ADA. (f) Add note on the face of the site plan indicating the Historic Resources Commission approval of DR-02-13-05 on March 17, 2005 subject to conditions. (g) Show designated trash storage sites. 4. The applicant shall obtain a sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202. 5. Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-12.
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C. STAFF REVIEW
The applicant is proposing to expand an outdoor seating area at Free State Brewing Company located at 636 Massachusetts Street. The 4’ 6” X 22’ 10” dining area will provide additional outdoor seating for approximately 8 patrons. A wrought iron railing will delineate the proposed dining area.
Non-Conforming Use
The existing business, Free State Brewing Company, has been at this location since 1989. In 1994, the City Commission approved an 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 Free State has been a licensed premise with a valid liquor license since 1989 and has not been required to report food sales in relation to the 55% rule, it is considered to be a non-conforming use created by the adoption of Ordinance 6527 and is subject to the non-conforming use provision of the Zoning Code (20-1302-1303). The addition of the sidewalk dining area will be an expansion of a non-conforming use.
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. Sub section (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. The addition of sidewalk dining is incidental to the existing non-conforming use of the building.
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)
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1989 |
Free State Brewing Company established |
5,492 sq. ft. for restaurant, bar, public spaces, kitchen and brewery |
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1995 |
Expansion of building to enclose beer garden |
1,839 sq. ft. addition approved by the City Commission 11-21-95 |
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2005 |
Request to add sidewalk dining |
103 sq. ft. for sidewalk dining area |
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Total Expansion 1,839 sq. ft. + 103 sq. ft. = 35.3% of original use area |
Finding: The proposed expansion meets the provisions established in Section 20-1303. The existing licensed premise currently contains 7,331 square feet of useable area and the proposed expansion contains 103 square feet of useable area. This is a total expansion of 1,942 square feet (35.3%) of the floor area of the original use. The proposed 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.
Site Plan Review
Article 12, “Sidewalk Dining License” of City Code Chapter VI, Business Licensees, Taxes and Regulations, requires sidewalk dining to, “maintain a minimum of six (6) feet width of unobstructed sidewalk between the food service establishment sidewalk use and the street curb or plantings, whichever is closer, for public use.” The outdoor seating area will project approximately 4’ 6” from the front building wall onto the existing sidewalk. Beyond the seating area, the unobstructed sidewalk continues for approximately 6’ before it connects with raised planter boxes. Therefore, this request meets Code requirements for maintaining 6’ of unobstructed sidewalk.
Historic Resources Commission Review
The subject property (636 Massachusetts Street) is listed as a non-contributing structure to Lawrence’s Downtown Historic District, National Register of Historic Places. As such, any proposed exterior improvements must be reviewed in accordance with K.S.A. 75-2715-75-2725, as amended. The applicant submitted an application (DR-02-13-05) to the Historic Resources Commission for the proposed sidewalk dining addition. The Historic Resources Administrator reviewed and administratively approved, with conditions, this sidewalk dining request in March 2005. This administrative review was affirmed by the Historic Resources Commission on March 17, 2005 with the following conditions: (a)The proposed railing not be attached to the building; (b)The height of the railing shall not exceed thirty-six inches (36") and shall be constructed of wrought iron; (c)The railing shall maintain a linear form with no curve; (e) The applicant provide a drawing detailing the proposed railing to the Historic Resources Administrator; (f) The sidewalk dining area on Massachusetts Street shall be unenclosed and shall be open to the sky; (g)Advertising shall not be permitted in the sidewalk dining area except for the name of the establishment on chairs or tables as approved by the City; (h)This recommendation is given with the understanding that the City Commission must approve the associated site plan and sidewalk dining license. Approval of this request by staff or the HRC does not guarantee the City Commission will approve the associated site plan or sidewalk dining license.
Downtown Conservation Overlay District
The subject property (636 Massachusetts Street) is 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. Restaurants are allowed in the C-3 District. 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 restaurant and licensed premise use. This site plan does not propose any modification other than the sidewalk dining area.
(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 sidewalk dining. There is no landscape requirement associated with this site plan for the C-3 District. Landscaping exists on the public right-of-way as part of the sidewalk facility.
(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 service currently located in 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 proposed improvement.
E. CONCLUSION
During the review of the proposed site plan, staff noted several minor items that need to be clarified on the face of the site plan including labeling features and correcting general notes. These elements are reflected as conditions of approval.
The site plan for the expansion of a non-conforming use, as conditioned, is in conformance with the requirements of the Zoning Ordinance and the Downtown Design Guidelines. Staff recommends approval of the proposed site plan for an expansion of a non-conforming use.